EEOC Says Federal Agencies May Now Deny Transgender Employees Use of Single-Sex Bathrooms
On February 26, 2026, the EEOC issued a decision holding that Title VII allows federal agencies to exclude transgender workers from using bathrooms that align with their…
Good news for employers / 401(k) committees overseeing retirement plans.
Last week, the U.S. Court of Appeals for the Fourth Circuit issued a significant ERISA decision in Trauernicht v. Genworth Financial, Inc., denying class certification in a fiduciary‑breach case challenging…
When companies use staffing agencies to hire employees, who is liable for alleged discrimination?
In a recent case in Alabama federal court, a company was accused of discriminating against women by directing its staffing firms not to refer female candidates…
Washington State Employers:
Last Monday, the Governor signed a new law, WA HB 2355, establishing labor protections for domestic workers, which are defined as workers who perform at least four hours of work per month in a private residence as…
NYS Employers:
On February 13, 2026, Governor Kathy Hochul signed an amendment to the New York “Trapped at Work Act” delaying enforcement and narrowing the law’s ban on “stay or pay” repayment provisions.
As discussed previously on PERKS, the Trapped…
On February 26, 2026, the United States Department of Labor proposed a new rule requiring use of an “economic reality” test in analyzing employee/independent contractor classification under several federal employment laws. If adopted, the proposed rule would replace the 2024…
During the Federal Bar Association’s annual Qui Tam conference in Washington, D.C., last week, Deputy Assistant Attorney General Brenna Jenny provided employers with valuable insights into how the DOJ intends to use the False Claims Act to target what it…
NYC Employers:
As a reminder, amendments to the New York City Earned Safe and Sick Time Act and Temporary Schedule Change Law went into effect yesterday. The amendments:
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As previously discussed on PERKS, on January 21, 2025, the Trump Administration published Executive Order 14173, which purports to end “Illegal DEI.” In furtherance of that EO, on February 18, 2026, the General Services Administration (GSA) issued a proposal to update…
Companies who permit employees to use AI notetaker tools will want to take note of this one:
On February 10, 2026, Judge Rakoff, a Federal District Court Judge for the Southern District of New York, held that documents prepared by…
